Legal Question in Wills and Trusts in Massachusetts

Will

My Dad passed away this past May 17th &we are searching for his will. We have no paperwork, have no idea where he put the paperwork & also have no idea which Lawyer had drew up his will. What can we do? Is there an easier way to find my father's WILL other than calling every Lawyer in the phonebook asking if they have his WILL?


Asked on 6/17/09, 10:01 pm

4 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Will

Please accept my condolences for the loss of your father.

If you have performed a diligent search, and you cannot find his will, you may want to proceed in probating his estate as though he passed away without a will.

That will enable someone to be named as Administrator, with all official duties and powers. If no will can be located, then the estate will need to be administered according to the laws of intestacy.

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Answered on 6/18/09, 8:36 am
Joseph Murray Joseph M. Murray, Esq.

Re: Will

I am sorry for your loss of your Father.

If you have checked with the Probate Court in the County where he resided you might also post a lost will ad in the newspapers for that area and in Massachusetts Lawyer's Weekly.

You may also wish to retain an attorney to file for probate of his estate without a Will to have an Administrator appointed, as the Will can be later introduced, if one is found. Good Luck!

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Answered on 6/18/09, 9:30 pm

Re: Will

You can publish a lost Will advertisement in both lawyers weekly and the local paper where your father resided. If your father died and there is no will then his estate will be governed by MA intestate statutes.

You can still open your father's estate and have someone appointed as temporary administrator pending the finding of the Will.

Please feel free to contact me if you have more questions.

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Answered on 6/17/09, 10:11 pm
Gabriel Cheong Infinity Law Group

Re: Will

You might also want to check with your father's residence county's probate court to see if he filed it there himself before he passed away.

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Answered on 6/17/09, 10:52 pm


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